Pinellas County Schools Policy Manual

(1) Acquisition of professional architectural, engineering, landscape architectural, and land surveying services shall be by competitive selection as follows:

(a) The facilities design and construction department and the maintenance department shall develop and maintain a process for the evaluation of statements of qualification including past performance, nature of project, amount of existing work currently engaged in by the firm, size of the staff, capability of completing work in a timely manner and other such factors which may be pertinent to the project.

(b) The Professional Services Selection Committee shall review the statement of qualification and when appropriate, conduct interviews with selected firms. The top candidates shall be ranked with rank one as the firm most qualified for selection.

1. a Board member serving on a rotating basis,

2. a citizen member serving on a rotating basis,

3. the appropriate Area Superintendent,

4. the Associate Superintendent for Institutional Services,

5. the Director of Facilities or the Director of Maintenance or both, whichever is appropriate,

6. a representative of either Facilities Design and Construction or the Maintenance Departments, and

7. the Educational Specification Specialist.

A representative of the Purchasing Department shall serve as a non-voting member and provide technical assistance to the committee.

(d) If the estimated construction cost of the project exceeds $1,000,000, interviews shall be conducted with firms deemed as most qualified. If the estimated construction cost is less than $1,000,000, an interview with qualified firms is optional.

(e) Acquisition of professional services for subsurface soils testing, construction testing, test and balance services, professional asbestos abatement services, and minor architectural and/or engineering services may be advertised for and selected on an annual basis.

(f) Whenever possible and desirable, re-use of existing plans shall be considered when selecting a firm without advertising.

(g) With the approval of the Superintendent (or designee), negotiations between the district and the firm ranked number one shall be conducted. If negotiations are successful, the school board attorney shall develop a contract and submit the contract to the School Board for its consideration.

(h) If negotiations are unsuccessful, the district shall terminate negotiations with the higher ranked firm and commence negotiations with the next highest ranked firm.

(i) If negotiations are terminated with a firm, and commenced with the next highest firm, under no circumstances shall the district negotiate with the original firm without first re-advertising for proposals.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 287.055 F.S.

History: New 10/12/83; Amended 10/11/89, 6/23/93, 6/30/98, 7/30/02

Note: Former 6Gx52-2.10 (Changed 6/30/98)

9.02 STANDARDIZED AGREEMENT FOR PROFESSIONAL SERVICES

The form and content of the document entitled AGREEMENT (between the School Board of Pinellas County and the Project Architect/Engineer), which is one of the documents described in the architect and engineer handbook set forth in policy 9.04, shall be utilized as the contract format for all contracts entered into by and between the Board and an architect or engineer who is to provide architectural or engineering services to the school board on a construction project.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22(4), 230.23(9)(10) F.S.

History: New 6/30/98

9.03 EDUCATIONAL SPECIFICATIONS

The Superintendent (or designee) shall establish procedures for the development of educational specifications to apply in the planning of the erection, enlargement or alteration of any educational or ancillary facility. Educational specifications shall be presented to the Board for review and approval. Educational specifications shall meet minimum requirements as prescribed by Florida Statutes, State Board of Education Rules, and School Board Rules.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.23(9), 230.33(11), 235.211, 235.26 F.S.

History: New 6/30/98

9.04 PROJECT ARCHITECT AND ENGINEER HANDBOOK

(1) The school board architect shall establish and continually update the “Project Architect and Engineer Handbook” where applicable with input from all concerned parties. The handbook shall contain the procedures to be followed for the design and construction of all school projects.

(2) Professional consultants designing and administering construction on Board projects must comply with the procedures outlined in the “Project Architect and Engineer Handbook.”

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22 F.S.

History: New 10/11/85; Amended 8/8/90, 8/9/95, 6/30/98

Note: Former 6Gx52-2.16 (Changed 6/30/98)

9.05 WAIVER OF PERFORMANCE BOND REQUIREMENTS

When the School Board of Pinellas County awards a construction contract for any school facility or for the construction, renovation or repair of any building which will cost $100,000 or less, the Superintendent (or designee) may exempt any legal entity entering into such contract from executing a performance bond required by 235.32 F.S., provided that the contract documents provide:

(1) The contractor shall not receive final payment until the project has been certified to be complete by the School Board architect or his designee and the contractor has furnished proof of payment for all material, labor and subcontractor charges incurred by him in performing the work; or

(2) That if the work is subject to inspection and approval by a project architect or engineer, acting on behalf of the Board, the contractor may be paid periodically only upon furnishing proof of the contractor’s payment for all materials, labor and subcontractor charges incurred by him in performing the work for which he is requesting payment. Such payment shall be limited to 90% of labor and materials incorporated into the work until it has been demonstrated that the project is complete as required by the contract documents. Final payment shall be made in accordance with (1) above.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 235.32 F.S.

History: New 5/8/85; Amended 8/8/90, 6/30/98

Note: Former 6Gx52-2.14 (Changed 6/30/98)

9.06 CHANGE ORDERS

(1) The Superintendent or a cabinet level designee other than the associate superintendent for institutional services is authorized to approve a change order or construction change directive to a construction contract on his/her own authority when the change order or construction change directive is $25,000 or less.

(2) Change orders or construction change directives approved under this policy shall be brought to the School Board in summary form on a quarterly basis to be entered into the minutes.

(3) When the cumulative total of all change orders and construction change directives exceeds 5% of the original contract amount on a new construction project or 10% of the original contract amount on a remodeling or renovation project, then the authority amount provided for in (1) above is reduced to $15,000.

(4) The authorization contained paragraph (1) above includes change orders or construction change directives that increase or decrease the contract amount by $25,000 or less and further includes any other changes to the contract that do not have a specified dollar value. The approval authorization also includes change orders that solely address an extension or reduction in the contract completion time provided that the number of days of the change multiplied by the liquidated damage amount is within the authority amount contained in paragraph (1).

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 235.321 F.S., 6A-2.2020 SBE Rules.

History: New 10/12/83; Amended 6/23/93, 1/10/96, 4/24/96, 6/30/98

Note: Former 6Gx52-2.11 (Changed 6/30/98)

9.07 CONSTRUCTION MANAGER SELECTION

(1) The Board may select a Construction Manager for pre-construction and construction services. This selection shall be in accordance with Section 287.055, F.S. and as follows:

(a) The Professional Services Selection Committee shall review the statements of qualification and conduct interviews with selected firms. The approach to the specific project taken by each firm shall be considered including such aspects as project management, scheduling, and cost control (value engineering). The top candidates shall be ranked with rank one as the most qualified for selection.

(b) The Facilities Design and Construction Department and the Maintenance Department shall develop and maintain a process for the evaluation of statements of qualification including past performance, qualifications, related experience, current workload, capability of completing work in a timely manner and other such factors which may be pertinent to the project.

1. a Board member serving on a rotating basis,

2. a citizen member serving on a rotating basis,

3. the appropriate Area Superintendent,

4. the Associate Superintendent for Institutional Services,

5. the Director of Facilities or the Director of Maintenance or both, whichever is appropriate,

6. a representative of either Facilities Design and Construction or the Maintenance Departments, and

7 the Educational Specification Specialist.

A representative of the Purchasing Department shall serve as a non-voting member and provide technical assistance to the committee.

(e) Negotiations for professional services fees shall be according to Section 287.055(5), F.S. and 9.01.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 235.211, 287.055 F.S.

History: New 9/9/97, Amended 7/30/02

Note: Former 6Gx52-2.177 (Changed 6/30/98)

9.20 SITE ACQUISITION

(1) Suitable educational facilities are an essential component of providing quality educational services to the public. The Board will maintain a sufficient inventory of land to accommodate the educational plant needs of the school district.

(2) The real property management department will acquire land for new sites and will acquire land to expand existing sites when needed and when practical.

(3) Land will be acquired based on the following criteria:

(a) Within geographic areas or adjacent to existing Board-owned sites as identified by school plant survey.

(b) According to need as identified by the Operations Team and other school district staff.

(d) Within budget constraints as provided for in the Board's annual budget.

(4) The director of real property management department has the responsibility for negotiating and recommending sites for new schools whether by purchase, trade, or gifts.

(5) The real property management department will provide copies of the five-year school plant survey to each member of the Bi-Racial Advisory Committee. The real property management department will annually make a presentation to the Bi-Racial Advisory Committee on site expansion projects. The real property management department will send the chairman of the Bi-Racial Advisory Committee a notice of recommended real estate purchases once an agreement is executed by a seller.

(6) The pupil assignment department will provide the Bi-Racial Advisory Committee with an annual update of spot surveys that amend the five-year plan. The Superintendent’s office (or designee) will provide the Bi-Racial Advisory Committee with a copy of the Board’s Agenda Book.

(7) Before acquiring a site, the real property management department will consider existing and anticipated site needs and the most economical and practical locations of sites. The real property management department will coordinate site planning with the long-range plans of governmental agencies.

(8) Each new site selected must be adequate in size to meet the educational needs of the students to be served.

(9) The real property management department will coordinate with the appropriate local governmental or state agencies to obtain the necessary infrastructure or services to support the proposed educational facility, for example, traffic control and safety devices, fire and police protection, road ingress/egress, utilities, and storm drainage. The determination of the consistency of the site with the local governments’ comprehensive plans will be determined through the provisions of an inter-local agreement between local governments and the Board, or in the absence of said agreement, in accordance with Florida Statutes.

(10) Every appraisal, offer, or counteroffer must be in writing, and is exempt from the provisions of Florida Statute 119.07(1) until an option contract is executed or, if no option contract is executed, until thirty (30) days before a contract or agreement for purchase is considered for approval by the Board. If a contract or agreement for purchase is not submitted to the Board for approval, the exemption from Florida Statute 119.07(a) will expire thirty (30) days after the termination of negotiations.

(11) The real property management department will maintain complete and accurate records of every appraisal, offer, and counteroffer.

(12) Prior to acquisition of the proposed site, the real property management department will obtain appraisals in accordance with Florida statutes.

(13) The real property management department will advise affected departments, e.g., facilities, maintenance, and area superintendent, of site purchases that include improvements which may be utilized by the school district.

(14) The real property management department will obtain a written disclosure from sellers of real property, as required by 286.23 F.S., in a manner as approved by the school board attorney.

(15) The Board will not build facilities on land that is not Board owned unless there exists a long-term lease for a period of not less than 40 years or the life expectancy of the permanent facilities constructed thereon, whichever is longer.

(16) Each October 1st, the real property management department will submit to each local government within the Board's jurisdiction a General Educational Facilities Report. The report will contain the following:

The location of existing educational facilities and their needs.

The Board's capital improvement plan, including planned facilities with funding over the next three years.

The district's unmet educational facility needs.

The Educational Plant Survey once every five years.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 235.05(1), 235.054(1), 235.055(1), 235.056(1)(2), 235.057, 235.19(1)(2)(3), 235.193(1)(2)(3)(4), 235.194(2), 286.23 F.S.; State Requirements for Educational Facilities 1997 1.4, 2.2(1)

History: New 6/30/98

Note: Paragraphs (4), (5) and (6) from former 6Gx52-2.05 (changed 6/30/98)

9.201 DISPOSAL OF REAL PROPERTY

(1) Board-owned land or facilities may be sold or otherwise disposed of if the Board, by Resolution, determines that the real property is unnecessary for educational purposes as recommended in an educational plant survey.

(2) The real property management department may recommend disposal of any Board-owned land through a lease with an option to purchase or a lease-purchase agreement, to any person or entity, for any educational purpose, as the Board determines to be in its best interest. A copy of the final agreement will be attached to the Board agenda item submitted to the Board for approval.

(3) The real property management department may recommend disposal of real property by transfer, trade, or sale.

(4) The real property management department will advise the pupil assignment department and the accounting department on an annual basis of the real property disposed of, including information on the site location, site size, and funds or trade received by the Board.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 235.04(1) F.S.; State Requirements for Educational Facilities 1994 1.4(9)

History: New 6/30/98

9.21 LAND RECORDS MANAGEMENT

(1) The real property management department will act as "house-of-record" for real estate instruments, such as deeds and easements, related to Board-owned land.

(2) Real estate instruments will be maintained by the real property management department and will not be disposed of.

(3) All original long-term real estate instruments will be kept in a fire-resistant vault in the real property management department.

(4) The real property management department will advise the pupil assignment department and the accounting department at the close of each fiscal year of all land acquired or disposed of.

(5) A data base of real estate instruments will be maintained and continually updated by the real property management department.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 6/30/98

9.22 GRANTING OR ACQUIRING PARTIAL PROPERTY RIGHTS IN LAND

(1) Other parties may occasionally find it necessary to seek partial property rights in Board-owned land (for information on leases see Rule 9.24), and the Board may occasionally have need to acquire partial property rights in the land of other parties. These partial property rights include but are not limited to the following:

(a) easements

(b) lease fee estates

(d) riparian rights

(e) mineral rights

(f) air rights

(g) life estates

(h) liens

(i) encumbrances

(2) The real property management department will act as liaison with other governmental agencies or private parties seeking to acquire a real estate interest in Board-owned land. The real property management department will act as liaison when the Board seeks to acquire a real estate interest in land owned by other governmental agencies or private parties.

(3) The grant of any real estate interest, other than short-term facility leases, will be presented to the Board for approval. The acquisition of any real estate interest will be presented to the Board for approval.

(4) The real property management department will maintain records of property rights granted or acquired.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 6/30/98

9.23 LAND AND FACILITY-USE AGREEMENTS

(1) The Board will cooperate with community and governmental requests to use Board-owned land and facilities in a manner that is consistent with the District Comprehensive Plan.

(2) The Board may enter into agreements that permit the use of Board-owned real property. When suitable, a standard Board-approved facility lease form will be utilized (see Policy 9.24 Facility Leases).

(3) When a standard facility lease form is not suitable, the real property management department will develop a written agreement for Board consideration.

(4) The real property management department may lease any Board-owned land and facilities to any person or entity for such contract period, for such rent, and upon such terms and conditions as the Board determines to be in its best interests; any such agreement may provide for the optional or binding purchase of said land and facilities by the lessee upon such terms and conditions as the Board determines are in its best interests. A determination that said land and facilities so leased are unnecessary for educational purposes is not a prerequisite to the leasing or lease-purchase of said land and facilities.

(5) Any written request for the exclusive use of a Board‑owned property, or any portion thereof, by a non-governmental agency for more than one year, which may include multiple terms of one year or less, must be reviewed by the Superintendent. The Superintendent will determine if the requested use will interfere or conflict with any present or known future needs of the School District and will notify the Board of the determination. The Board may deny the lease‑applicant the requested exclusive use, or if the Board approves of the use of the land the Board will have the Superintendent advertise a Request‑For‑Proposal based on the requested exclusive use of the site, subject to the successful lessee paying all costs associated with the Request‑For‑Proposal. The Request‑For‑Proposal reimbursement will be paid by the successful lessee to the Board and said reimbursement is not refundable. The Board reserves the right to reject all proposals.

(6) The agreement will contain standard contract features, including hold-harmless language, maintenance conditions, a termination date, conditions for canceling the agreement prior to the termination date, and fees to be paid, if any.

(7) The agreement will be reviewed by the school board attorney prior to submitting the agreement to the Board for approval. The agenda item submitted for Board approval will include a complete copy of any new agreement.

(8) Board-owned land and facilities may be used by another party within the context of a Board-approved agreement under any of the following conditions:

(a) The use is specifically enumerated within the agreement.

(b) The use is attached to the agreement as an exhibit.

(9) The real property management department will maintain a data base of all land- and facility-use agreements managed by the real property management department.

(10) Prior to renewing any agreement, the real property management department will advise principals, area superintendents, and other district staff affected by the agreement of its pending renewal.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 235.056(1) F.S.

History: New 6/30/98; Amended 10/13/98

9.24 FACILITY LEASING

(1) The Board recognizes the community as a partner and has adopted policies to make school district facilities available to the public. The Board permits the public use of school facilities and maintains its primary aim of highest student achievement by establishing appropriate procedures for the use of school facilities.

(2) The Superintendent of Schools, principal, center director, or designee, herein referred to as “school administrator,” is authorized to consider the lease of a Board-owned educational plant, herein referred to as “school facility,” by an individual or organization, herein referred to as “Lessee,” for non-school activities that do not interfere with the school program, provided such activities comply with facility-leasing procedure. Administrative and service-center facilities are not available for lease unless authorized by the Superintendent.

(a) This Rule does not include leasing procedure related to community schools, the extended-care program, or school facility uses permitted by other Board-approved agreements.

(3) For the purpose of determining the procedure for the use of school facilities and payment of fees, if any, using individuals and groups are classified as follows:

(a) "School based" is a classification used to denote Board-approved activities involving individuals or groups that function as an integral component of the school's program; for example, SAC, school-approved student clubs, Arts Coordination Council activities, Florida High School Activities Association (F.H.S.A.A.) activities, Gus A. Stavros storefront sponsors, Drug Abuse Resistance Education (D.A.R.E.), activities sponsored by the school district’s Risk Management employee-wellness program, and use by other Pinellas County public schools. A facility lease is not required for "school-based" activities.

1. The Superintendent of Schools is authorized to permit the use of a school facility for a public meeting that is related to the Pinellas County School District or general education issues. A facility lease is not required. If the use is co-sponsored by another organization all fees are waived if the use occurs at a time when plant operations personnel are already scheduled to be on duty, otherwise, the meeting co-sponsor must pay the appropriate direct costs.

a. The annual career day for girls sponsored by the American Association of University Women (AAUW) and the annual math competition (Math Counts) sponsored by the Florida Engineering Society are permitted the occasional use of school facilities without a lease for student-career and academic-competition activities. The use of a Saturday School location is permitted at no cost if the school can adjust plant-operations hours to cover the entire day without extra personnel cost. If the school cannot justify rotating coverage, or if additional plant operations hours are required, then the AAUW or Math Counts activities will reimburse all direct costs incurred, beginning from the time plant operations staff was originally scheduled to be off-duty.

2. The school administrator is authorized to permit a crime watch meeting without a lease if the campus police department participates in the event and if the use occurs at a time when plant operations personnel are already scheduled to be on duty.

3. The school administrator is authorized to permit health-related, wellness activities without a lease, regardless of the profit status of the activity promoter, under the following conditions:

a. if the use occurs at a time when plant operations personnel are already scheduled to be on duty, and

b. if the participants are solely school district employees, and

c. if the activity is sponsored by a school or school district department and paid from school district operating funds, or

d. the activity is sponsored by the school district’s employee wellness program

If the activity is sponsored by the school district’s employee wellness program, fees can be paid by the school district, school, or the participating employees. A health-related, wellness activity, not already provided by the school district, can be sponsored by a school or department. Any fees must be paid from school or department operating funds, since the vendors of these activities would be considered contractors for the district. A lease is required for any vendor using school district facilities for any health-related, wellness activity that is not sponsored by the school district, a school, or department and which involves the payment of money by the participants, even when the only participants will be school district employees.

(b) "Government/Association" is a classification used to denote occasional municipal, county, regional, state, and federal governmental-agency use of school facilities to carry out non-recreational, official functions or non-partisan public meetings. This classification includes governmental-agency or civic-association sponsorship of non-partisan, political-candidate or political-issue forums. A facility lease is required if the use is not already covered under an existing Board-approved agreement. All fees are waived if the meeting occurs at a time when plant operations personnel are already scheduled to be on duty, otherwise, the Lessee must pay the appropriate direct costs.

1. Occasional homeowner association meetings fall within the government/association classification. To have all fees waived, a homeowner association, in addition to the plant operator requirement in paragraph (3)(b), must be contiguous to the school property and must include a crime watch activity that includes school or school district personnel as part of its agenda, otherwise the homeowner association must pay direct costs.

2. To qualify under the government/association classification, the Lessee of a political-candidate or political-issue forum will abide by, and plan for, the following conditions:

a. The general public will be invited to meet and hear all candidates in a particular race or races, or to meet and hear representatives of both sides of an issue appearing on a ballot.

b. An invitation, in writing, will be extended to all announced candidates for the specific office or offices, or to all representatives for or against each issue.

c. The presentation by each participant will be limited to the same amount of time.

d. Distribution of campaign materials will be confined to the immediate area in which the forum is being conducted.

e. No preferential treatment will be afforded any candidate or representative of an issue in any way.

f. The Lessee will pay standard rates if the previous five conditions are not met.

3. A political incumbent, political candidate, or campaign may visit a school facility without a lease when staff is on duty. The visit should be intended to gather information. A visitor is not permitted to record or film students, pass out literature or conduct any type of fundraising activity while on the site. Visitors should request school site access in advance through the school administrator.

a. A political incumbent, political candidate, or campaign may use the school facility as a background for campaign events without a lease if the event is conducted off the site and at a time when school is not in session to avoid the filming of students.

b. A political incumbent may use the school facility for official purposes under the government/association classification.

c. A political incumbent, political candidate, or campaign must submit a lease for any fund-raiser, filming by or on behalf of an incumbent or candidate, formal speech or statement. Standard lease fees apply. An incumbent, political candidate or campaign must submit a lease for any candidate’s forum, issues forum, town meeting, or informational meeting. Standard lease fees apply if the conditions in paragraph (3)(b)2 are not met.

4. Any training exercise at a school facility by a law enforcement agency or other emergency-response agency, in addition to complying with (3)(b), must also be approved and coordinated before the date of use with the school administration and the campus police department. The campus police department will advise the school district’s public information office.

(c) "School related" is a classification used to denote the use of school facilities by volunteer, non-profit, public, direct-support, or governmental organizations and agencies for a non-profit activity, which principally benefits the aims of the School District, such as highest student achievement, and the use is not covered by an existing Board-approved agreement. A facility lease is required

1. The following are examples of groups whose activities typically qualify as school-related groups:

a. PTA

b. PTSA

c. PTO

d. Booster Clubs

e. Organized, youth-sports clubs

2. A school-related Lessee as defined in paragraph (3)(c) will have all charges waived if all of the following conditions are met:

a. Plant operations personnel are already scheduled to be on duty regardless of whether the lease occurs, and no extra plant-operator hours due to the lease are required.

b. Inside facilities are not occupied by the Lessee more than 10 times per year.

c. Any fees charged students, participants, or spectators are nominal and designed to cover only incidental or lease-related expenses.

d. No athletic field lights or court lights will be used.

3. A school-related Lessee will pay direct costs if it does not meet all four of the criteria in paragraph (3)(c)2., however, if the school-related Lessee meets all waiver criteria except the number of occupancies, the school-related Lessee will be eligible to have the first 10-days use on a fee-waiver basis.

4. Use of sports equipment, play fields, athletic fields, and stadiums by youth-sports groups may result in extra direct costs to the school district, such as grounds-keeping expense. Although the Lessee may qualify for a waiver of lease fees, the school administrator or Director of Pre K-12 Extracurricular Student Activities may, depending on the intensity and the duration of field use, request services or fees from the Lessee to defray costs, such as clay for infields. The Director of Pre K-12 Extracurricular Student Activities may waive fees for stadium or field use. Questions regarding appropriate service-in-kind, additional charges for field use, or fee waivers should be referred to the Director of Pre K-12 Extracurricular Student Activities.

5. School-support fundraisers do not require reimbursement of direct costs if all of the following conditions are met:

a. All proceeds collected are for the benefit of the school, school support group, school club or activity and all funds are processed through the school’s accounts.

b. A plant operator is already scheduled to be on duty.

c. A central chiller system is either already on or does not need to be used solely for the fundraiser.

d. The fundraiser is supervised and coordinated by a School District employee who is not paid or compensated for the event.

e. The fundraiser is approved by the school administrator.

6. A fund-raising carnival with mechanical rides will provide, in addition to the items listed in paragraph (8), the following additional certificates:

a. A certificate of insurance listing the School Board of Pinellas County, Florida, as additional insured, with proof of at least $1-million liability insurance coverage for bodily injury and personal property damage.

b. A list of all rides and attractions.

c. A copy of the most recent Amusement Device/Attraction Inspection Report for each mechanical ride which will be utilized.

d. Specific written approval by the Area Superintendent.

The Real Property Management Department will forward these documents to the Risk Management Department for review.

(d) "Community" is a classification used for Lessees or lease activities that do not fall within the classifications above, including, but not limited to, financial seminars, religious groups, dance recitals, homeowner associations, businesses and others that desire to use school facilities. A facility lease is required, and standard rates apply.

1. Community groups are permitted to lease school facilities under the following conditions, unless provided elsewhere by policy:

a. The lease does not occur during school hours, unless the use is of an area of the site with no use by students.

b. The group is using the school facility for temporary use.

2. Financial service companies offering their products to Board employees through payroll deduction plans must be Board-approved. The school administrator should contact the Risk Management and Insurance Department to determine the company’s eligibility. The school administrator may permit a Board-approved 403-B product to be presented to school employees only, without a lease. The dates and times of these presentations are at the discretion of the school administrator.

3. Board employees may lease school facilities under the following conditions:

a. The employee may not conduct any lease activity during times the employee is working for the Board, nor will the employee ask other district staff to conduct any activity other than what district staff would ordinarily perform in the normal scope of their employment for any lease function.

b. A coach running a sports camp will comply with the rules of the Florida High School Activities Association and will obtain the prior permission of the Director of Pre K-12 Extracurricular Student Activities. All employees will obtain the prior permission of their principal or center director prior to leasing a school facility.

c. The employee will not directly recruit students in the employee’s classes, programs, or activities they are supervising, nor should there be any implication that student participation will have any impact on future grades or participation on clubs or teams. The employee will provide documentation to the principal or center director that all student participants have been advised in writing that the employee is operating the activity as a private individual or business, that the school facility is to be leased, and that attendance at the activity is in no way related to earning a grade or a position on a club or a sports team.

4. Any advertising or promotional material by or for a community Lessee that includes the name or address of any school facility must also contain the statement “The School Board of Pinellas County, Florida, is neither sponsoring, nor affiliated with this event.” The same statement must also be included in any literature, promotional material, or sign-up sheets that may reach a school’s student or parent population. This statement is not required for governmental- or school-related Lessees, as defined in paragraphs (3)(b) and (3)(c).

5. Approval of a lease for a community Lessee does not entitle the Lessee to promotional access to the school’s staff, students, or parent population.

Any promotional material to be distributed to a school’s staff, students, or parent population must have the prior approval of the school administrator and the appropriate Director of School Operations, and must contain the disclaimer language referenced in paragraph (3)(d)4.

(4) The school administrator is responsible for responding to groups wanting to lease school facilities, and for collecting and properly accounting for lease fees.

(a) The presence of at least one individual from school plant operations personnel will be required whenever school buildings are occupied.

(b) The school administrator can require the presence of plant operations personnel and other staff for outside activities.

(5) The Lessee will abide by all Board policies, the terms and conditions of the facility lease, and requests by the school administrator. The facility lease will state that the Lessee will observe all applicable governmental regulations. Concessions and concession stands may be operated only with the school administrator’s approval and under terms and conditions as approved by the school administrator. School facilities used must be returned in as good a condition as when leased. Smoking and alcoholic beverages are prohibited on Board-owned property, including both inside and outside facilities.

(6) School facilities will not be leased to Lessees for the purpose of providing instruction to public school students unless said instruction is reviewed and approved by the Division of Curriculum and Instruction.

(7) School facilities will not be available for rental to private schools that do not hold an approved form 441 (Civil Rights, Title VI).

(8) The school having administrative responsibility for the facility involved will submit the facility lease to the Real Property Management Department, which is located at the Walter Pownall Service Center. The Real Property Management Department is responsible for processing and executing facility leases. A certificate of insurance must include proof of broad form commercial general liability insurance in the minimum amount of $500,000 for the entire duration of the lease the School Board of Pinellas County, Florida, as an additional insured for the event, and the Real Property Management Department listed as certificate holder. Proof of sales tax exemption (if applicable) will also be submitted to the Real Property Management Department. A correctly completed lease and all required certificates must be received by the Real Property Management Department at least ten working days prior to the first use of the leased school facility. For the purposes of facility-leasing procedure, working days are defined as when administrative staff is on-duty at the school facility to be leased and therefore excludes weekends, school holidays, and other days when the school facility is not in session. The Real Property Management Department will advise the school if the lease is approved or declined.

(a) State and local governmental agencies are permitted to submit proof of insurance or self-insurance in lieu of the certificate of insurance described above. State and local governmental agencies may modify the standard hold harmless and proof of insurance clauses of the facility lease, with approval of the School Board Attorney. Federal governmental agencies may waive certain conditions of the lease as set forth under the Federal Tort Insurance Act.

(9) Lessees that will owe funds to the Board as the result of a leasing activity will pay the school the entire amount due prior to the event. The school administrator may permit periodic payments by the Lessee but only if the payments occur before the Lessee uses the facility. The frequency of periodic payments is completely at the option of the school administrator.

A deposit must accompany a lease if the Lessee will owe funds to the Board. The Lessee will pay a deposit equal to the total charge for at least the first day’s use. The deposit will be returned to the Lessee if prior to the first use the lease is canceled by the Lessee.

(10) School Board facilities may not be used for funeral services. However, the principal or center director may elect to conduct memorial services that include students, staff, and family.

(11) Neither alcoholic beverages nor smoking are permitted on Board property. This includes inside and outside facilities. The Lessee will be required to establish and maintain procedures to convey this information to all of its participants and invitees.

(12) Keys to school facilities will not be provided to Lessees, except under special circumstances as approved by the Area Superintendent.

(13) The authority to accept or refuse a facility lease resides with the principal or center director. A Lessee applicant may appeal a school’s decision to refuse a lease to the Area Superintendent. The Area Superintendent’s decision is final. The facility lease and associated documentation must be submitted to the Real Property Management Department for review. The Real Property Management Department will notify the Area Superintendent of leases in their area. The School Board will be provided a quarterly summary of facility-lease activity.

(14) Facility-lease charges will be according to approved rates.

(15) The Superintendent of Schools, or designee, is authorized to establish and adjust facility-lease rates in response to costs incurred, such as utility and personnel costs, and to adopt facility-lease procedures in response to changes in state statutes and other Board Rules.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 235.02, 235.056(1) F.S.; SREF 2-2.2(1); Title VI, Civil Rights Act of 1964

History: New 7/12/50; Amended 3/15/53, 7/13/55, 5/22/57, 7/22/59, 7/28/65, 7/31/68, 11/17/71, 2/27/74; Revised 12/18/74; Amended 5/10/78, 8/8/90, 10/24/90, 1/9/91, 5/22/91, 5/11/94, 3/10/98, 6/30/98, 10/26/99, 1/15/02

Note: (Former 6Gx52-4.04, changed 6/30/98)

9.25 FACILITY REIMBURSEMENT FOR EXTENDED-CARE PROGRAMS

(1) The real property management department will assist the coordinator, Partnership Schools/Child Care, in maintaining a cost reimbursement process for extended-care programs. Approved extended-care programs are provided by Creativity in ChildCare, Inc., Suncoast Family YMCAs, Inc., and YMCA of Greater St. Petersburg Inc., herein referred to as “Extended-Care Providers.”

(2) Three times a year, prior to the start of each traditional semester, the coordinator of Partnership Schools/Child Care, and representatives of the real property management will meet with representatives of the Extended-Care Providers to establish a projected semester reimbursement schedule for each agency.

(3) The Extended-Care Providers will send their reimbursements to the Board’s accounting department three times a year, on a three-semester basis, according to the following schedule:

(a) Summer semester reimbursement is due by September 15 and covers the period beginning with the first Monday following the end of the spring (second) semester and ending with the last weekday prior to the start of the fall (first) semester.

(b) Fall (first) semester reimbursement is due by February 15 and covers the period beginning with the first day of the fall (first) semester and ending with the last weekday of the fall (first) semester.

(c) Spring (second) semester reimbursement is due by June 15 and covers the period beginning with the first day of the spring (second) semester and ending with the Friday of the final-day-of-school week of the spring (second) semester.

(d) Reimbursement for the use of year-round schools will be paid on the same three-payment-per-year basis.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 235.056(1) F.S.

History: New 6/30/98

9.26 CONTRACT PROCEDURE FOR THE USE OF OTHER FACILITIES

(1) This section addresses contractual issues that arise when a school or center, herein referred to as “school,” wants to use a non-Board-owned facility or service, herein referred to as “vendor,” and the vendor is not included in an existing Board-approved joint-use-of-facilities agreement. This section does not address the use of field trip forms, vehicle insurance, or other off-site issues.

(2) When schools plan to use a vendor for a prom, senior breakfast, or other off-site school function, a rental/services agreement (special event) PCS Form 2103, herein referred to as “special event form” may be utilized by the school.

(3) Real property management will annually send special event forms (approved as to form by the school board attorney) and instructions for use to all schools.

(4) A school does not need to use the special event form under the following conditions:

(a) The vendor is owned by an agency that is covered under another Board-approved agreement, for example, a joint-use-of-facilities agreement with a municipality, in which case the school should contact the real property management department, or

(b) The vendor is not requesting a written contract, and the school is willing to accept the potential risk of loss of deposit, change in quoted prices, and room availability.

(5) The special event form must be completed and signed by the principal or center director and signed by the authorized representative of the vendor, after which, the school forwards the special event form to the school’s area office prior to the date of first use. The Area Superintendent will indicate approval by signing the special event form. School Board approval is not required.

(6) The area office will send the special event form, if approved, to the real property management department.

(7) The real property management department will disperse all copies of the signed special event form, sending the vendor’s copy and the school’s copy to the school. The school will forward the vendor’s copy to the appropriate vendor representative.

(8) The real property management department will maintain records of approved special event forms and will prepare an annual summary report to the Board.

(9) Schools will not pay a deposit until the special event form has been approved by the Area Superintendent, and the deposit will not exceed 25% of total projected vendor costs.

(10) Schools will not modify the special event form, nor will schools add addenda to the special event form. Neither school staff, nor school district staff, will sign any contract form, other than a current Board-approved special event form. Questions regarding vendor forms or attachments to the special event form should be directed to the real property management department.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 6/30/98

9.27 OFF-SITE STUDENT PEDESTRIAN/BICYCLE TRANSPORTATION SAFETY

(1) The real property management department will provide reasonable notice to appropriate municipal, county, regional, and state governmental agencies for traffic control and safety devices so that said devices could feasibly be installed and operational prior to the first day of classes of a new school.

(2) The real property management department will coordinate plans for the opening of new schools and information related to existing schools with governmental agencies and the school board architect to seek infrastructure improvements conducive to safer walk and bicycle routes to school. The real property management department will initiate meetings with affected governmental agencies at least one year prior to the opening of a new school.

(3) The real property management department will work cooperatively with governmental agencies to identify conditions that are hazardous to students who walk or bicycle to school.

(4) On or before November 1st of each school year, the real property management department will conduct an annual survey of all schools and centers to determine traffic control and safety device concerns of school personnel, parents, and others. The Board's transportation department will also be surveyed.

(5) On or before March 1st of each year, the real property management department will communicate any Board approved zone changes to the governmental agency having jurisdiction over traffic and safety in the affected area. The governmental agency will be asked to identify and rectify any hazards associated with the new zoning.

(6) On or before May 1st of each year, the real property management department will transmit a comprehensive report of the identified hazards to the respective governmental agencies having jurisdiction where such hazards have been identified, requesting that corrective action be taken to eliminate such hazards.

(7) Continued Off Site Pedestrian Safety Improvement:

(a) As off site pedestrian safety issues arise at various schools, the school administration should relay the safety concerns to the real property management department via report form (PCS 1539).

(b) Real property management department will immediately forward the report to the appropriate municipality for corrective action.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 234.021(2), 235.19(4)(5), 235.193(1)(2) F.S.

History: New 7/12/50, Amended 3/15/53, 7/13/55, 7/22/59, 7/28/65, 7/31/68, 11/17/71; Revised 12/18/74, Amended 12/14/77, 6/14/78, 4/29/87, 1/9/91, 11/13/91, 6/30/98

Note: Former (portion) 6Gx52-2.03 (changed 6/30/98)

9.28 CODE COMPLIANCE FOR ALL CONSTRUCTION

(1) All construction on School Board property whether constructed by the facilities design and construction department, the maintenance department, the area offices, school staff or students, a booster club, a parent group, a citizen group, or any other entity intending to construct improvements upon School Board property, shall be in accordance with all applicable codes and regulations.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 235.017 F.S.

History: New 6/30/98

9.29 SUBSTANTIAL COMPLETION

(1) The Certificate of Substantial Completion, American Institute of Architects document G704, shall contain the signatures of the school principal (or the director of the facility) the designee from the facilities design and construction department, and the Superintendent of Schools.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 6/30/98

9.30 TOXIC SUBSTANCE SAFETY PRECAUTIONS

(1) Use of toxic substances in the construction of School Board projects shall be in accordance with the American Institute of Architects Document A 201, General Conditions of the Contract for Construction, Articles 3 and 10 as adopted by the School Board and as amended by the Supplementary General Conditions as outlined in the standard contract documents.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: Section 4.2 (6) State Requirements for Educational Facilities

History: New 6/30/98

9.31 PAYMENTS TO CONTRACTORS AND PROJECT CLOSE-OUT

(1) All project payments made to contractors and all project close-outs shall be in accordance with the American Institute of Architects Document A 201, General Conditions of the Contracts for Construction, Articles 3 and 9 as adopted by the School Board and as amended by the Supplementary General Conditions, and project close-out procedures as outlined in the standard contract documents.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: Section 4.2 (3) State Requirements for Educational Facilities

History: New 6/30/98

9.32 COMMUNICATION TOWER

(1) Existing School Board Communication Tower

(a) Requests to lease space on existing communication towers for collocation of antenna systems for cellular, personal communication system (PCS), and other compatible communication systems will be reviewed by the Superintendent (or designee) on a case by case basis.

(b) Any collocation that increases space requirement at a site will be processed pursuant to the guidelines for new communication towers in paragraph (2).

(2) Requests to Construct a New Communication Tower by a Communication Company or Other Party. A Communication Company or other party, hereinafter referred to as the "Vendor," desiring to construct a tower or other communications device, or increase the space requirement of an existing tower on School Board property or replace an existing tower, will submit a written proposal to the principal or site administrator of the school facility or to the Superintendent if a non-school site. The Vendor's written proposal will include schematic drawings that indicate design and location of the tower and any appurtenant structures; any easement locations; and a statement of how the Vendor intends to meet any applicable codes of agencies and governments with regulatory jurisdiction concerning the proposal. Requests for non-school sites will be reviewed by the Superintendent (or designee) on a case by case basis. Requests for school sites will be processed as follows:

(a) The initial review of the request will be done by the site administrator (i.e. principal) after consulting with district staff and the School Advisory Committee (SAC). If the request is considered in the best interest of the school, it will be forwarded to the SAC for additional review as outlined in this policy.

(b) The SAC review process will include review of the Vendor's proposal by affected School District departments and at least two public meetings. Prior to scheduling the first meeting the SAC must have written comment on the Vendor's proposal from the School Board's Campus Police, Real Property Management, and Facilities Design and Construction Departments in addition to the School's Area Office.

1. The Campus Police Department will provide written comment on how the proposal may enhance or interfere with School District communications, and whether the proposal adequately addresses the issues of RF emissions and the School District's use of VHF, UHF, 900 MHz, or other frequencies.

2. The Area Office and the Facilities Design and Construction Department will provide written comment on the proposed design of the tower and any appurtenant structures.

3. The Facilities Design and Construction and Real Property Management Departments will provide written comment on whether the proposed location of the facility and any related easements may conflict with short-term or long-term site needs.

4. SAC will conduct two public meetings at the school site with an interval of at least two weeks between meetings. All property owners within 500 feet of the school site will be notified three weeks or more before the date of each meeting. All agencies and governments with regulatory jurisdiction concerning the proposal will be asked to attend the meetings. The site administrator will conduct each meeting, and audiotape or court reporter will preserve all meeting comments.

1. If after the public meetings, review of input from School District staff and other agencies, and consultation with SAC, the site administrator supports the Vendor's proposal, the recommendation supporting the proposal will be submitted in writing by the site administrator and will include, in addition to the site administrator's input and the Vendor's written proposal, the following:

a. The written reviews by School District departments;

b. Any correspondence from the public;

c. A summary of the public hearing that includes all comments made at the public hearing;

d. Input from governmental agencies;

e. Written recommendation of SAC;

f. Estimate of financial benefit to the Board.

(d) All expenses incurred by the School Board in the application process will be paid by the successful Vendor and are non-refundable. The Vendor will acknowledge receipt of a copy of this policy.

(3) School Board Approval

(a) The Superintendent will prepare a Board agenda item for Board approval.

(b) If the Board approves the project, the Board will direct the Superintendent to prepare an RFP that will be provided to all interested parties.

(d) All revenue derived from the project will accrue to the district and will be used to enhance the Board's communication system. Revenue will be divided equitably among schools, based on needs.

(e) Board approval is contingent on the Vendor obtaining regulatory approvals from all governmental agencies with jurisdiction. Any changes in the design or placement of the tower required by the regulatory approval process must be brought back to the School Board for consideration.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 1/15/02

The Board is required to adopt and maintain a school concurrency system in coordination with local governments. School concurrency ensures coordination between local governments and school boards in planning and permitting developments that affect school capacity and utilization rates. Accordingly, on September 12, 2006, the Board entered into an Interlocal Agreement with local governments that, among other things:

(1) Updates the existing public school Interlocal Agreement and the intergovernmental coordination element to include coordinated procedures for implementing school concurrency (Sections 163.3177(6)(h)(1), 163.31777, and 163.3180(13), F.S.);

(2) Coordinated the development and adoption of a public school facilities element into the comprehensive plan (Sections 163.3180(13)(a) and 163.3177(12), F.S., and Rule 9J-5.025, F.A.C.);

(3) Adopts level of service standards to establish maximum permissible school utilization rates relative to capacity, and includes level of service standards in an amended capital improvements element of the comprehensive plan and in the updated Interlocal Agreement (Section 163.3180(13)(b), F.S.);

(4) Establishes a capital facilities program and provides for inclusion of this program on an annual basis in an amended capital improvements element of the comprehensive plan (Section 163.3180(13)(d)1., F.S.);

(5) Establishes a proportionate-share mitigation methodology and options to be included in the public school facilities element and the Interlocal Agreement (Section 163.3180(13)(e), F.S.); and

(6) Establishes public school concurrency service areas to define the geographic boundaries of school concurrency, and include the concurrency service areas in the updated Interlocal Agreement and in the adopted public school facilities element of the comprehensive plan (Sections 163.3180(13)(c) and 163.3180(13)(g)(5), F.S.).